Acts Online
GT Shield

Road Traffic Management Corporation Act, 1999 (Act No. 20 of 1999)

Chapter 7 : Compliance and Monitoring

41. Complaints to chief executive officer

 

(1) Any person or agent who is directly affected by—
(a) discrimination or a discriminatory ruling by the manager of a functional unit;
(b) failure on the part of the Corporation to execute its functions in accordance with the laws concerning road traffic; or
(c) negligence on the part of the Corporation, may lodge a complaint with the Minister, any MEC or the Shareholders Committee who must submit it to the chief executive officer.

 

(2) A complaint lodged in terms of subsection (1) must consist of a statement made under oath or a solemn declaration, which details the nature or contents of the alleged discrimination, failure or negligence.

 

(3) The chief executive officer must investigate a complaint from any person regarding non-compliance by a manager of a functional unit or the Corporation if the allegations contained in that complaint constitute a prima facie case of discrimination, failure or negligence.

 

(4) The chief executive officer must notify the manager of the functional unit concerned of a complaint received with regard to that manager and of his or her intention to investigate any allegation of discrimination, failure or negligence.

 

(5) If subsequent to an investigation contemplated in subsection (3), the chief executive officer is of the opinion that the manager of the functional unit is guilty of such discrimination, failure or negligence, the chief executive officer, subject to subsection (6)—
(a) must in writing direct the manager of the functional unit concerned to rectify the discrimination, failure or negligence within a reasonable time; and
(b) may in writing direct the manager of the functional unit concerned to pay full or partial compensation for any monetary loss sustained by the person who has lodged the complaint.

 

(6) The chief executive officer may not act in terms of subsection (5) unless he or she has—
(a) notified the manager of the functional unit concerned in writing of his or her intention to act in terms of that subsection and has informed the manager of all the relevant facts pertaining to the complaint lodged in terms of subsection (1); and
(b) afforded the manager of the functional unit concerned the opportunity to make representations to him or her in respect of the discrimination, failure or negligence, within a reasonable time.

 

(7) Any person may submit information to the chief executive officer regarding the existence of any constraint which hinders investment in road traffic or which detrimentally affects the efficiency, affordability or safety of road traffic service provision.

 

(8) The chief executive officer must, on receipt of any information specified in subsection (7), submit a recommendation to the Shareholders Committee in this regard.